- 25 - income is determined to be includible in your gross income and it has not been established that such amount is anything other than income to you. Accordingly, taxable income is increased $411,086.00 for the taxable year ended 9-30-88. On May 3, 1993, respondent filed with the Court an answer (answer) to the petition that DCI had filed with the Court, in which respondent alleged, inter alia, (1) that respondent mis- characterized the adjustment in the notice to DCI's taxable income as an adjustment to its gross income, rather than as a disallowance of a claimed deduction for contract services in the amount of $411,086 and (2) that DCI is not entitled to that deduction because it constitutes a dividend or an attempted assignment of income to the Diamonds. OPINION The District Court awarded the proceeds of the Farmers lawsuit15 to the plaintiffs (viz., DCI and the Diamonds) without 15 The components of the proceeds of the Farmers lawsuit were: (1) Lost profits damages of $1,497,016, (2) indemnity damages of $63,159, (3) punitive damages of $290,715, (4) attorneys' fees and costs of $226,212, and (5) interest of $177,881. Despite the District Court's awarding indemnity damages of $63,159 to all the plaintiffs (viz., DCI and the Diamonds), DCI does not contend that any portion of those indemnity damages is allocable to the Diamonds and thus not includible in its income for the year at issue. In contrast, although a portion of the interest component of the proceeds of the Farmers lawsuit was awarded with respect to indemnity damages, neither petitioner nor respondent contends that that portion of such interest component is not at issue. We conclude that the indemnity damages component of the proceeds of the Farmers lawsuit is not at issue in this case, but that all of the interest component of such proceeds is at issue. Accord- ingly, the amount of the proceeds of the Farmers lawsuit that remains at issue is $2,191,824. Hereinafter, any reference to (continued...)Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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